The Vermont Statutes Online

(1)
"permit" means a written statement, issued by the commissioner of
public safety or his designee, authorizing the holding of a commercial public
assembly under stated conditions as to time, place and manner;

(2)
"permit officer" means the commissioner of public safety or officer
designated by him to issue permits;

(3)
"person" means an individual, corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or association,
or any other legal entity;

(5)
"commercial public assembly" or "assembly" means a
gathering of two thousand or more individuals in a public place which the general
public is permitted or invited to attend, conducted or promoted for profit,
whether or not a profit is actually returned, where persons are admitted on
payment of cash, entry fees, advance subscriptions, or donations, or any thing
of value;

(6) "promotional
activity" means purchasing paid advertisements in any media of
communication, or circulation of printed material advertising the assembly;

(7)
"public place" means an open area where patrons cannot be
accommodated inside a permanent building, other than a stadium used for
sporting events, or a fairground having permanent seats for patrons, with
respect to which a private person permits use by the general public. (1973, No.
181 (Adj. Sess.), § 1, eff. March 30, 1974.)

§
4502. Permit; when to obtain

Any person who
intends to hold or organizes or promotes a commercial public assembly shall
obtain a permit to do so. (1973, No. 181 (Adj. Sess.), § 2, eff. March 30,
1974.)

§
4503. To whom application made; time

An application
for a permit to hold an assembly shall be filed with the permit officer not
less than 30 days before the date of the assembly. The permit officer may act
on an application not filed in time if the public health and safety will not be
jeopardized by such action. (1973, No. 181 (Adj. Sess.), § 3, eff. March 30,
1974.)

§
4504. Contents of application

(a) An
application for a permit to hold an assembly shall be in writing and signed by
an individual authorized to act for the person sponsoring it.

(b) The
application shall state:

(1) the date
and hours the assembly is to be held;

(2) the name,
residence address, and the telephone number of the applicant, the principal
officers of the applicant, the individual making the application, and any other
individual authorized to represent the applicant in applying for the permit;

(3) the
designation and location of the public place where the assembly is to be held;

(4) that the
requested use by the applicant of the designated place has been granted by the
person having authority to grant the use of the public place;

(5) the
estimated number of persons expected to participate in or attend the public
assembly;

(6) a schedule
and copies of all promotional activity the applicant has engaged in or intends
to engage in;

(7) the
general nature of the assembly and the arrangements made to protect the public
health and safety during the conduct of the assembly, including arrangements
with respect to traffic direction, crowd control and sanitation facilities;

Upon receipt
of an application for a permit to hold an assembly, the permit officer shall
note the time of filing on the application and shall forthwith mail or
otherwise deliver a copy of the application to the principal officers of the
applicant named in the application, to the attorney general, the state's
attorney having jurisdiction, and the clerk of the political subdivision in
which the assembly is to be held. (1973, No. 181 (Adj. Sess.), § 5, eff. March
30, 1974.)

§
4506. Action on application

(a) The permit
officer shall:

(1) issue the
permit as requested; or

(2) issue the
permit subject to any conditions authorized in section 4507 of this title,
which he or she deems necessary to protect the public health and safety; or

(3) apply to
the superior court for an order enjoining the holding of the public assembly if
conditions cannot be imposed which will protect the public health and safety.
If the permit officer fails to act on the application within ten days of the
assembly, he or she is deemed to have granted the permit as requested.

(b) The permit
officer shall give the applicant immediate notice in writing of his or her
action on the application.

(a) If there
is a reasonable likelihood that an assembly will substantially harm the public
health or safety, the permit officer shall grant the permit upon conditions
reasonably necessary to avoid substantial harm to the public health or safety.

(2) the time,
place and duration of the assembly is suitable in view of the number of persons
expected to attend;

(3) measures
for controlling the crowd and managing the assembly are adequate;

(4) the
assembly will not substantially impair the provision of fire and police
protection and medical and other essential public services;

(5) the
assembly will not unreasonably interfere with the quiet enjoyment of a
residential community;

(6) litter
incidental to the assembly will be removed and disposed of;

(7) the person
holding the public assembly furnishes an adequate bond or arranges other
financial security in a reasonable amount to insure reimbursement of a
political subdivision, the state of Vermont, or any police agency, for the cost
of additional law enforcement officers required to meet any other condition.
(1973, No. 181 (Adj. Sess.), § 7, eff. March 30, 1974.)

§
4508. Judicial review

(a) If there
is a reasonable likelihood that an assembly will substantially harm the public
health or safety and this cannot be avoided by imposition of conditions, or if
no permit for such an assembly has been applied for, the permit officer shall
forthwith apply to the superior court for an order enjoining the applicant,
other interested persons, or those persons the permit officer believes intend
to hold an assembly without a permit, from holding the assembly.

(b) An
applicant may petition the superior court for review of the reasonableness of
any conditions imposed in a permit. A person who desires to organize or promote
any outdoor public gathering may also petition the court for an order declaring
that the gathering is not subject to this chapter. The petition shall contain a
copy of the application, a copy of the permit, if any, and state the grounds
for the decision requested. (1973, No. 181 (Adj. Sess.), § 8, eff. March 30,
1974.)

§
4509. Judicial order relating to an assembly

When a permit
officer applies to the superior court for a restraining order, injunctive
relief, or other order, or a person applies for judicial review under
subsection 4508(b) of this title, the
court shall expedite the proceedings to afford timely relief, cause appropriate
notice to be given, and hear the case without a jury. Evidence commonly relied
upon by prudent men in the conduct of their affairs may be received. Upon a
hearing, the court may enter an order declaring no permit is required, grant
the permit as requested, grant a permit upon specified conditions, or enjoin
the holding of the assembly, if there is a reasonable likelihood that the
assembly will substantially harm public health or safety and this cannot be
avoided by the imposition of conditions on the permit. (Added 1973, No. 181
(Adj. Sess.), § 9, eff. March 30, 1974.)

§
4510. Appeals

A party may
obtain a review of a final judgment of the superior court by appeal to the
supreme court. The appeal shall be taken as in other civil cases. The taking of
an appeal does not operate to stay the order of the superior court, but the
supreme court may stay the order pending determination of the appeal. (1973,
No. 181 (Adj. Sess.), § 10, eff. March 30, 1974.)

§
4511. Penalties

A person who
wilfully:

(1) violates a
condition imposed in a permit to hold an assembly with knowledge of the
provision; or

(2) conducts,
organizes or promotes an assembly without applying for a permit, may be fined
not more than $2,000.00, or imprisoned for not more than two years, or both.
(1973, No. 181 (Adj. Sess.), § 11, eff. March 30, 1974.)